Md. Ejaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58448 of 2019 Arising Out of PS. Case No.-240 Year-2019 Thana- PAROO District- Muzaffarpur ============================================== Md. Ejaj Aged about 35 years (Male) S/o- Late Mohammad Sahid R/o Village- Majhauliya, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ============================================== Appearance :
For the Petitioner :
Mr.Anish Kumar, Advocate For the State :
Mr.Amit Kumar Rakesh, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard learned Advocate for the petitioner and learned APP for the State.
The petitioner, who is in custody since 10.06.2019, seeks bail in connection with Paroo P.S. Case No. 240 of 2019 which has been instituted for the offences under Sections 384 and 385 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Two persons, namely, Md. Jamal and Md. Azad had been pressurizing the informant for payment of protection money of Rs. 2,00,000/- (Two Lakhs). It has also been alleged that the son of the informant, namely, Md Jasim was also accosted by the two persons and an attempt
Patna High Court CR. MISC. No.58448 of 2019(3) dt.27-11-2019 2/3 was made to snatch his motor-cycle. Later in the marriage ceremony of the daughter of Dr. Salauddin, the aforesaid two accused persons had come to kill the son of the informant but on timely arrival of the police, the petitioner was arrested with a loaded country made pistol. However, other accused persons could manage to flee away. From the perusal of the FIR, it has been submitted that there is no accusation against the petitioner of having put up any demand of extortion from the informant. It is quite fortuitous that the petitioner was found keeping pistol in his possession. It has been submitted that the informant, who is a Ward Member of the Panchayat, has lodged this case against two accused persons namely, Md. Jamal and Md. Azad because in the past they had objected to the illegal extortion demanded by the informant. The informant is said to be extracting money from the beneficiaries of Sulabh Sauchalya, Indra Awas, old age pension etc.
Regard being had to the aforesaid facts and the period of custody of the petitioner, which is from 10.06.2019, he is directed to be released on bail on his
Patna High Court CR. MISC. No.58448 of 2019(3) dt.27-11-2019 3/3 furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, West Muzaffarpur in connection with Paroo P.S. Case No. 240 of 2019.
(Ashutosh Kumar, J) BT/- U T